The U.S. Department of Transportation (the “DOT”) has issued a federal policy for automated vehicles, laying a path for the testing and deployment of new auto technologies.

“Automated vehicles have the potential to save thousands of lives, driving the single biggest leap in road safety that our country has ever taken,” said U.S. Transportation Secretary Anthony Foxx. “This policy is an unprecedented step by the federal government to harness the benefits of transformative technology by providing a framework for how to do it safely.”

The vehicle performance guidance portion of the policy uses a 15-point “safety assessment” to set “clear expectations for manufacturers developing and deploying automated vehicle technologies.” The policy also delineates the federal and state roles for the regulation of highly automated vehicle technologies as part of an effort to build a consistent national framework of laws to govern self-driving vehicles. Finally, the policy outlines options for the further use of current federal authorities to expedite the safe introduction of highly automated vehicles into the marketplace, and discusses new tools and authorities the federal government may need as the technology evolves and is deployed more widely

“Ninety-four percent of crashes on U.S. roadways are caused by a human choice or error,” said the administrator of the National Highway Traffic Safety Administration (the “NHTSA”), Dr. Mark Rosekind. “We are moving forward on the safe deployment of automated technologies because of the enormous promise they hold to address the overwhelming majority of crashes and save lives.”

The DOT said that, through a series of next steps and in response to public comments, it intends to update the policy annually.

“Public input has been essential to getting this right. There has been a strong call from state and local governments, industry, safety experts, mobility advocates, and average Americans to establish a clear policy for the deployment of automated vehicles on our roads,” said Secretary Foxx. “There are huge upsides and significant challenges that come with automated vehicle technology, and we will continue the conversation with the public over the coming months and years as this technology develops.

“New technologies developed in the 20th century, like seat belts and air bags, were once controversial but have now saved hundreds of thousands of American lives,” Secretary Foxx said. “This is the first in a series of proactive approaches, including the release of a rule on vehicle-to-vehicle communications, which will bring lifesaving technologies to the roads safely and quickly while leaving innovators to dream up new safety solutions.”

In summary, the various sections of the policy provide:

- 15 Point Safety Assessment – The Vehicle Performance Guidance for Automated Vehicles for manufacturers, developers, and other organizations includes a 15 point “Safety Assessment” for the safe design, development, testing, and deployment of automated vehicles.

- Model State Policy – This section distinguishes between federal and state responsibilities for regulation of highly automated vehicles, and suggests recommended policy areas for states to consider with a goal of generating a consistent national framework for the testing and deployment of highly automated vehicles.

- NHTSA's Current Regulatory Tools – This discussion outlines the NHTSA's current regulatory tools that can be used to ensure the safe development of new technologies, such as interpreting current rules to allow for greater flexibility in design and providing limited exemptions to allow for testing of nontraditional vehicle designs in a more timely fashion.

- Modern Regulatory Tools – This discussion identifies new regulatory tools and statutory authorities that policymakers may consider in the future to aid the safe and efficient deployment of new lifesaving technologies.

The primary focus of the policy is on highly automated vehicles, or those in which the vehicle can take full control of the driving task in at least some circumstances. Portions of the policy also apply to lower levels of automation, including some of the driver-assistance systems already being deployed by automakers today.

Simultaneously with this policy, the NHTSA released a final enforcement guidance bulletin clarifying how its recall authority will apply to automated vehicle technologies. In particular, it emphasizes that semi-autonomous driving systems that fail to adequately account for the possibility that a distracted or inattentive driver-occupant might fail to retake control of the vehicle in a safety-critical situation may be defined as an unreasonable risk to safety and subject to recall.